A. Complaints alleging a violation of this chapter must be signed and notarized and shall be filed with the ethics commission.
B. In the event that the alleged violator is a member of the commission, the alleged violator shall not serve as a member of the commission for purposes of the pending investigation and hearing. The village trustee not already a member of the commission with the next most years of service as a member of the corporate authorities shall then serve as a member of the commission in the place of the disqualified commissioner.
C. Within fourteen (14) business days after the receipt of a complaint, the commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within fourteen (14) business days after receipt by the commission. The notices to the respondent and the complainant shall also advise them of the date, time, and place of the hearing to determine the sufficiency of the complaint and to establish whether probable cause exists.
D. Upon not less than forty eight (48) hours' public notice, the commission shall meet and conduct a hearing. A quorum shall consist of two (2) commissioners, and official action by the commission shall require the affirmative vote of two (2) members. The commission shall review the sufficiency of the complaint and determine whether there is probable cause, based on all of the evidence. The commission shall allow both parties the opportunity to present testimony and evidence at the hearing. The meeting may be closed to the public to the extent authorized by the open meetings act.
E. The commission shall issue notice by certified mail, return receipt requested, to the complainant and the respondent of the commission's ruling within thirty (30) days after the conclusion of the hearing. The particular findings in the case shall be a matter of public information.
1. If the complaint is deemed sufficient to allege a violation and there is a determination of probable cause, then the commission may request in writing that the attorney designated by the corporate authorities prosecute such actions as a local ordinance violation. The commission shall also transmit to the attorney the complaint and all additional documents in its custody concerning the alleged violation.
2. If the complaint is deemed not sufficient to allege a violation or if there is no determination of probable cause, then the commission shall dismiss the complaint.
F. The commission shall complete its investigation, hearing, and ruling within ninety (90) days after receipt of the complaint.
G. A complaint alleging the violation of this chapter must be filed within one year after the alleged violation. (Ord. 2004-17, 5-11-2004)